AMERICAN FOOD MART TERMS AND CONDITIONS (T&C’S)
USE OF WEBSITE
To Register with americanfoodmart.co.uk and purchase products from our website you must;
- be 18 years of age and over
- ensure that all details provided by you on registration or at any other time are correct and complete
- inform us immediately of any changes to the information provided when registering by updating your personal details
- give us your real company name, address, phone number, email address and any other details requested to process your order
We reserve the right to:
- decline a new customer registration or suspend a customer at any time at our discretion
- terminate your access to all or part of the services with or without notice
- discontinue all or part of the website with or without notice
We reserve the right to change the website and update these Terms and Conditions from time to time and publish the updated version. Please check prior to using our site or placing an order, for any changes and that you understand the applicable Terms and Conditions. If you do not agree with any of the revised Terms and Conditions please do not order from us or continue to use our website. If you continue to use our website or place subsequent orders then you are agreeing to the new Terms and Conditions.
If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you. Please note that we will attempt to deliver substitute products should selected products be unavailable, unless you request for us not to do so. A full refund will be given where the products have already been paid for.
Although we will always try to cater for your orders, an order of large quantities of an item can only be fulfilled at the discretion of the Warehouse. For example, if you were to make an order of 20 boxes of a given sauce, which would use up all the warehouse stock, the warehouse may only dispatch 10 boxes.
PRICING, DESCRIPTIONS AND PRODUCT INFORMATION
The price of a product is that which is displayed on the website at the time of placing the order (plus a delivery charge). Our website has large number of products and despite all of our efforts it is always possible that a listed product could be priced wrongly. If the correct price of the product is higher than the price stated on the website, then we are under no obligation to supply the product at this price. Should this be the case then you will be advised as soon as possible and given the option to reconfirm the order at the correct price or cancel it. Should we be unable to contact you then the order will be treated as cancelled.
The prices visible on the website are only representative of the products sold via the website and may differ to our cash and carry pricing. All prices are shown in Great British Pound (GDP, £) and where applicable VAT will be charged at the order confirmation and check out process.
Description and Product Information
We take all reasonable care to ensure that all prices, details, descriptions and product information appearing on the website are correct at the time being inputted onto the system, but the information appearing on the website at any given time may not reflect the exact information at the time of placing the information.
Please be aware that the appearance and colours of our products may vary slightly from the appearance given on the site and we cannot guarantee that the product on delivery will reflect its appearance on your monitor. All sizes, measurements and dimensions are approximates and every effort has been taken to ensure that they are as accurate as possible.
PLACING AN ORDER AND ACCEPTANCE
The placing of an order is an offer to buy from us and a contract is only formed once the order has been dispatched. At any point until then, we may decline the order and the supply of the goods. The order acknowledgement email and order number do not confirm the order and are not an acceptance from us. Where items are dispatched separately, our acceptance of the order takes place for each item at time of dispatch.
Unless otherwise stated, orders will be placed on a pro-forma basis. At checkout an order confirmation will be generated for yourself and us. We will check this order and a pro-form will be generated to show the products that will be dispatched. At times the pro-forma may differ from the order confirmation due to availability. Once payment is made, either by BACS payment directly into our bank account, by debit/credit card or cash on collection, an invoice will be issued for your purchase.
If using a card for payment, the name, address and other personal information supplied during the placing of an order will be validated using a third party database to ensure that the card is not being used without the card holders consent. By agreeing to these terms and conditions you are giving consent to such checks being carried out.
All products ordered will remain the property of AFM until payment has been received in full.
We send out all our shipments within the UK using UK Mail, Palletline, DHL depending on the size of the order and delivery address. Delivery shall be made to the registered delivery address, or the address given when the order was placed. It is your responsibility to make sure a responsible adult of 18 years or over is available at time of delivery to check and sign for the goods. If this is not the case, we reserve the right to have the shipment returned to us and you will be charged for the missed delivery and any further delivery charges incurred.
Orders are usually dispatched within 24 hours, however on some occasions it may take longer for the products to be dispatched. Delivery charges are calculated after an order confirmation is placed to get the lowest possible charge from our haulage partners and this will be visible in the pro-forma issued to you. Delivery dates and times will be agreed by yourself and the haulage company prior to the start of your delivery, as and when they call to book in the delivery. Delivery times are approximate and we shall not be liable for any missed, cancelled or late deliveries.
If collecting from our warehouse, a delivery charge will not be incurred and a time of collection will be agreed with us.
Orders as usually delivered within 3-5 days of placing an order, but at times due to unforeseen circumstances this may not be the case. Orders placed before 9am can be selected on a next day service but this is dependent on availability, delivery address and prior confirmation of shipping charges. At certain times, promotional offers may allow for a reduced or free delivery option. This shall be visible on our website or on our promotional documents.
International delivery will be agreed dependent on the haulage company being used and the country of delivery. Any international customers will be contacted accordingly to agree terms of shipping.
Whilst we take every care to ensure that the products are delivered in a given time frame we do not accept any liability if we fail to do so in part or in full due to circumstances being out of our control.
RETURNS, REFUNDS, CANCELLATIONS AND DAMAGED OR INCORRECT GOODS
If you have changed your mind about an order then you have the right to cancel it. Cancellation of an order can be made prior to the order being dispatched and full responsibility of the cancellation remains with you until we have been informed.
We do take care to make sure that all our goods reach you in perfect condition but if for any reason you would like to return some or all of your non-perishable goods then you are entitled to do so, and we would be happy to refund or replace the items for you. Unfortunately due to the shorter life span, perishable goods cannot be returned or replaced. In the event that you do wish to return any part of your order due to shortages, damages or errors in your order, we must be notified by either email or phone within 24 hours of receiving the shipment. We ask that photos be taken of any damaged goods and note written on the delivery slip confirming this. In this case the necessary arrangements will be made to have the goods returned to us and on inspection a refund or a replacement will be arranged. Where applicable a refund will be made using the same payment method that was used when purchasing the products.
We shall not be liable for any further claims for loss from or in conjunction with the supply of unsatisfactory goods, whether direct, indirect, consequential or otherwise however this may arise. Nothing in our returns policy affects your statutory rights.
SPECIAL OFFERS AND PROMOTIONS
From time to time we shall give special offers and promotions on the website. These offers are subject to availability, while stocks last and the instructions of the offer, which form part of the Terms and Conditions. All offers can be altered or removed at anytime without any prior notice, but any order placed before the offer has come to its end, before being removed or altered shall be honoured. We reserve the right to change offers dependent on the customer and different market sectors.
WARRANTY & LIABILITIES
Whilst every care is taken to deliver your order, we cannot be liable for any indirect or consequential loss, damage or loss of profit arising from our supply or failure to supply any goods to you. We will not be responsible for any breach of these Terms & Conditions as a result of any circumstances beyond our control, any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control. Our entire liability to you in connection with any order will not exceed the total price charged for the relevant goods and delivery charges in that order.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions. Nothing in these Terms and Conditions will restrict our liability to you for death or personal injury resulting from our negligence, breach of contract or breach of statutory duty. Nothing in these Terms and Conditions affect any of your statutory rights.
Please contact us through our contact form on the contact us page or by e-mailing us at email@example.com. If you have not received a reply in 5 working days, please contact 01908 803 346.
We may provide or third parties may provide links to other websites. We have no control over and shall not be held liable for any content found on such sites, you agree to the information and links to the third party websites being provided solely for your convenience. If you do decide to access to the third party websites through the links, you do so at your own risk.
WEBSITE AVAILABILITY & IMAGES
While we take every care to ensure that the website is available 24 hours a day, we shall not be liable if for any reason the website is unavailable at any time, for any period.
All the images on the website are property of American Food Mart and downloading of any images is prohibited. At any given time the product images on the website may be different to the current product packaging. This may be due to changes in the packaging, the price mark or other aspects of the packaging, which are out of our hands. We will do our best to change the images where necessary, but will not be held liable for any reason where this has not been achieved.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. If you breach these Terms and Conditions and we ignore this, we will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.